HITESH MANUBHAI JADAV AND ORS Vs. STATE OF GUJARAT
LAWS(GJH)-2014-1-174
HIGH COURT OF GUJARAT
Decided on January 13,2014

Hitesh Manubhai Jadav And Ors Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) APPELLANTS of Criminal Appeal No.2654, 2655, 2755 and 2835 of 2008 were original accused of Sessions Case No.280 of 2006. They were charged with offences punishable under Sections 143, 147, 148, 302, 326 of Indian Penal Code and under Section 135 of Bombay Police Act. By the impugned judgment dated 27.8.2008 rendered by learned Additional Sessions Judge, Ahmedabad in Sessions Case No.280 of 2006 they were convicted for offence under Section 302 read with Section 149 of Indian Penal Code and sentenced to life imprisonment with fine of Rs.5,000/Page each and in default of payment of fine, to suffer S.I. of further two years. The appellants were also convicted for the offences under Sections 143, 148, 149, 325 of Indian Penal Code and for offence under Section 325 read with Section 149 and sentenced to three years R.I. with fine of Rs.2,000/each and in default of payment of fine, to suffer S.I. of further six months. The appellants were also convicted for the offence under Section 324 read with Section 149 of Indian Penal Code and sentenced to one year R.I. with fine of Rs.1,000/each and in default of payment of fine, to suffer S.I. of further one month. The appellants were also convicted for the offence under Section 148 of Indian Penal Code twelve months R.I. with fine of Rs.1,000/each and in default of payment of fine, to suffer S.I. of further one month. All the sentences imposed upon the appellants accused were directed to be undergone simultaneously.
(2.) APPELLANTS of Criminal Appeal Nos.864 and 1022 of 2011 were original accused of Sessions Case No.254 of 2009. They were charged with offences punishable under Sections 326, 149 and 201 of Indian Penal Code and under Section 135(1) of Bombay Police Act and by the impugned judgment dated 30.3.2011 rendered by learned Additional Sessions Judge, Ahmedabad in Sessions Case No.254 of 2009, the appellants were also convicted for the offence under Section 326 of Indian Penal Code and sentenced to five years R.I. with fine of Rs.1,000/each and in default of payment of fine, to suffer R.I. of further three months. The appellants were also convicted for the offence under Section 149 of Indian Penal Code and sentenced to two and half years R.I. with fine of Rs.200/each and in default of payment of fine, to suffer R.I. of further two months. The appellants were also convicted for the offence under Section 201 of Indian Penal Code and sentenced to two and half years R.I. with fine of Rs.500/each and in default of payment of fine, to suffer R.I. of further two months. The appellants were also convicted for the offence under Section 135(1) of Bombay Police Act and sentenced to one month R.I. with fine of Rs.100/each and in default of payment of fine, to suffer R.I. of further ten days. All the sentences imposed upon the appellants accused were directed to be undergone simultaneously.
(3.) BRIEFLY stated the prosecution version is that, on 12.6.2006 Lilaben, aunt of complainant, who resides at Saijpurbodha Das street had telephoned on landline number of complainant and talked with his mother, Jyotiben who told the complainant that there was some quarrel between the aunt of complainant and Sachin Modi and Hemant Modi on some issue and thereafter the issue was settled. On 15.6.2005, while he, his friend Sandip and Harshad Vaikar were standing near water tank in Aazad Chauk, Pashwanath Township at 10:00 p.m., Narendra @ Nanno Narayan Kamle, the son of Harsad Mukundrao's aunt who lives at Khanpur, Kalyanivad came on motorcycle. At that time, Mukesh Rathod, living at Pashrwanath Township and who runs autorickshaw came there and as Harshad had to take BSNL card, the complainant left with Harshad to M.J.Medical stores situated opposite to Sandip Patil. At that time, a crowd of seven persons while shouting rushed towards them and attacked them. At that time, as Harshad Punambhai Kapadia, who is friend of Narendra intervened to rescue Narendra, he was also assaulted by them. At that time, complainant's mother Jyotiben came there shouting for help and the assailants had therefore gone away. One Gopi and complainant took Narendra to Krishnanagar Private Hospital in a autorickshaw where the doctor told them to take him to Civil Hospital. They took him to Civil Hospital in the same autorickshaw where the doctor on duty declared him dead. A complaint was lodged by the complainant Ajaybhai Rambhai Patel with Naroda Police Station and after completing the investigation the Investigating Officer filed the chargesheet against the accused person and submitted it before the concerned Court. Charge was framed against the accused persons at Ex.8 to which they pleaded not guilty.;


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